CONGOLEUM INDUSTRIES, INC. v. ARMSTRONG CORK COMPANY

Civ. A. No. 41762.

339 F.Supp. 1036 (1972)

CONGOLEUM INDUSTRIES, INC. v. ARMSTRONG CORK COMPANY.

United States District Court, E. D. Pennsylvania.

February 23, 1972.


Attorney(s) appearing for the Case

Drinker, Biddle & Reach, by Lewis H. Van Dusen, Jr., Patrick T. Ryan, Philadelphia, Pa., Brumbaugh, Graves, Donohue & Raymond, by Eben M. Graves, Allan H. Bonnell, Joseph D. Garon, Bradley B. Geist, New York City, Sullivan & Cromwell, by Robert MacCrate, Michael M. Maney, New York City, G. Scott Romney, Ralph M. Jerskey, Richard T. Laughlin, for Congoleum Industries, Inc.

Howson & Howson, by Dexter N. Shaw, Gordon S. Rogers, Philadelphia, Pa., Theodore L. Thomas, Barry E. Haverstick, George L. Herr, Lancaster, Pa., Morton, Bernard, Brown, Roberts & Sutherland, by W. Brown Morton, Jr., Malcolm L. Sutherland, Washington, D. C., for Armstrong Cork Co.


FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW AND ORDER

HANNUM, District Judge.

Presently before the Court is an action for infringement of United States Letters Patent 3,293,094 and 3,293,108 (hereinafter the "'094 patent" and the "'108 patent", respectively). The '094 patent is entitled "TEXTURED FOAM PROCESSES" and the '108 patent is entitled "TEXTURED FOAM PRODUCTS". Both patents were granted on December 20, 1966 and were issued to plaintiff's predecessor...

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